| Subject | Date Asked | Expert |
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| Collection letter after discharge | 9/6/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I filed Ch. 7 and it was fully discharged in 6/08. On 9/5 I received a collection letter from one of ...
A: Assuming the debt was discharged in your bankruptcy, they are violating the post discharge ...
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| What should we do after rescission of reaffirmation agreement is filed? | 9/6/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: After signing reaffirmation agreement, we realized that it wasn't feasible to keep a 2000 model ...
A: I would just call and have them pick up the vehicle, or return it to a dealership. If the ...
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| bankruptcy | 9/6/2008 | Leon D. Bayer, Esq. |
Q: I am separated from my husband i want to get a divorce but first we have to file bankruptcy we owe ...
A: I'm sure sorry you are stuck with the double misery of debt and a bad marriage. A person is ...
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| debt relief | 9/5/2008 | Leon D. Bayer, Esq. |
Q: Three years ago my uncle and aunt were co-applicants on a loan for a new RV. My uncle died a year ...
A: What a sad situation, especially for an older person in bad health and recently widowed. Please ...
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| Bankruptcy | 9/5/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I live in a community property state but the debt I want in a chapter 13 is all in my name (mostly ...
A: You can always file alone. The issue is whether you 1. have to include his debts and, 2. whether ...
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| Parent as Creditor | 9/5/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I am on the verge of having to file bankruptcy. I have several rental properties that have drained ...
A: You can only include the payment of that debt on the means test if you have a contractual ...
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| Re-filing Chpt 13 after a dismissal | 9/4/2008 | Terry Leeders |
Q: In IL how soon after a Chpt 13 has been dismissed can it be re-filed. Would I get the same judge and ...
A: You can refile at any time once dismissed if you did not voluntarily dismiss the case (assuming the ...
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| Indiana bankruptcy exempt income | 9/4/2008 | Terry Leeders |
Q: All of my income is exempt from what I understand. Social security and veterans benefits. If my ...
A: While your income could be determined to be non-attachable, the creditors can still sue you, freeze ...
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| BANKRUPTCY | 9/3/2008 | Terry Leeders |
Q: Does it make bankruptcy more difficult or complex if by the time I file I'm already two months late ...
A: It will not matter to the bankruptcy case that you are behind in paying the credit cards. I always ...
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| Old bankruptcy law | 9/3/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: How can I get credit reporting agencies to honor my bankruptcy of August 2000 that was over in ...
A: OK, now I understand. This is not a bankruptcy law issue. President Clinton signed into law (I ...
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| 401-K Loans & Rent to Own products | 9/2/2008 | Terry Leeders |
Q: My husband and I will be filing a Chapter 13 and we are uncertain about (1) our two 401K loans and ...
A: You should be able to keep the 401k loan repayments, but you will need to add that amount to your ...
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| Chap 7 Bankruptcy & surrendering my home | 8/31/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I live in LV, NV. I am going to file for Chap 7 bankruptcy next week because I can't handle my ...
A: I'm sorry to hear about your situation. Sounds like bankruptcy is a viable option for you. As far ...
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| Lienholder doesnt want vehicle after ch 7 | 8/31/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: We filed bankruptcy in June 2007 was discharged in Oct 2007 we have a truck that was used for a loan ...
A: There is no easy answer to this question. The best thing to have done would have been to do a ...
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| bk rules | 8/31/2008 | Terry Leeders |
Q: i now live in pa , i lived in florida last year me and hubby and i had a couple of older mobile ...
A: you may have to disclose the real estate sales. As long as they were fair, and you spent the ...
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| Education debt | 8/29/2008 | Leon D. Bayer, Esq. |
Q: Sir, I currently hold a tuition bill that is in default. A collection agency is asking me to pay 30 ...
A: OOPS! SEE THE CHANGE IN CAPS: I need more information. Student loans are generally not discharged in ...
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| Girlfriend Filing | 8/25/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I have a live-in girlfriend. She is not on the lease, we have no joint obligations. She is filing ...
A: Her filing bankruptcy or being delinquent on her credit card debts should not affect you at all ...
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| Ch 13 Dismissal | 8/25/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: As part of our divorce agreement my ex would be responsible for making the ch 13 payments. He was ...
A: If you live in a community debt state and the debt was incurred during your marriage, then you ...
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| Car lease in Chapter 7 | 8/23/2008 | Leon D. Bayer, Esq. |
Q: I have a leased jeep that I have fallen behind in payments and I'm thinking of doing a Chapter 7 ...
A: Assuming you are qualified for a 7, (and I don't know if you are, to find out you really need an in ...
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| BANKRUPTCY | 8/21/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: if I file bankruptcy in two weeks and I have only used my credit card for about $100 over the past 3 ...
A: I cannot tell you what an individual creditor will or won't do. If a creditor can prove that you ...
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| ok to file BK 13 if you just just started to be self employed? | 8/21/2008 | Leon D. Bayer, Esq. |
Q: I have a friend who lost his job, however, he just got a job working full time on a contract basis ...
A: The requirement in this regard is that the person who files must be an individual with "regular ...
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| Chase Mod - after Chapter 7 discharge? | 8/21/2008 | Terry Leeders |
Q: Due to severe illness, I filed Chapter 13 in Oct 2006. I included my home, 80/20 mortgages, Chase ...
A: yes, because they still have a lien on the home, they can offer you options. The bankruptcy only ...
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| 2nd Mortgage & chapter 7 | 8/21/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: Our 2nd mortgage was not reaffirmed in chapter 7 BK. Chase sold loan to debt collector who placed ...
A: You're not throwing your money away, unless you don't want to keep your house. As long as you are ...
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| Should I file bankruptcy | 8/20/2008 | Terry Leeders |
Q: My mortgage co. just approved a short sale on my old property. They said I was going to be 1099ed ...
A: You can be billed for the difference as income on your taxes. You can surrender the home in full ...
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| no reaffirmation on my mortgage | 8/20/2008 | Terry Leeders |
Q: In 2005 we filed bankruptcy, towards the end of it we told our lawyer that we never got anything ...
A: If no reaffirmation was signed, you can surrender the home and not owe another penny on the debt. ...
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| Reaffirming Old Debt After Chapt. 7 | 8/20/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: My bankruptcy was finalized sometime around 06/2007. I'm having a very hard time reestablishing ...
A: You cannot reaffirm the existing debt unless you enter into a reaffirmation agreement and have it ...
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| chapt 13 | 8/19/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: My attorney through some miscommunication did not explain that under the new law I could not get a ...
A: If you dismiss it, it will be a voluntary dismissal. There probably will not be a 180-day bar on ...
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| amendment to ch 7 | 8/19/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: i recently filed ch 7 bankruptcy but it still has not closed due to a reaffirmation contract that ...
A: I'm not sure I understand your question or facts. You are required to list all assets and all ...
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| Chapter 13 Dismissal | 8/18/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I missed 2 payments in my 13, but am going to make a double payment in September. Will the trustee ...
A: I have no idea what the policy of the Trustees and Judges in your jurisdiction are, but in most ...
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| chapter 7 | 8/17/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: I filed chapter 7 and went to the hearing about two weeks ago. My home and care are protected and I ...
A: You can hire a new attorney at any time. I don't know what else to tell you. I cannot handle the ...
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| chapter 7, credit reporting | 8/17/2008 | Leon D. Bayer, Esq. |
Q: My husband and i filed chapter 7 back in 2004 and it was discharged. we were then told our chapter 7 ...
A: Everything you mention being told about this is completely wrong and mixes up two very different ...
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| Withdrawing from a Chapter 7 Petition | 8/17/2008 | Terry Leeders |
Q: I live in the state of NJ. After the meeting of creditors I thought that everything was fine but the ...
A: You should wait to see what the trustee says once they get their own valuation. If your home is too ...
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| Chapter 7 and auto repossession | 8/16/2008 | Terry Leeders |
Q: We recently filed for Chapter 7 bankruptcy here in TX. We DID NOT included my husbands truck, ...
A: If you did not list the debt in bankruptcy, it will not be discharged. Normally, debtors choose to ...
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| Revokation of Discharge | 8/16/2008 | Terry Leeders |
Q: Our chapter 7 bankruptcy was filed just before the new laws took effect in October 2005 and was ...
A: Yes, if you have not paid the trustee, she can in fact bring a motion to revoke your discharge. You ...
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| Partner in a home title going through bankruptcy. | 8/15/2008 | Terry Leeders |
Q: I live in Florida, and a partner and myself went 50/50 into purchasing a home a number of years ago. ...
A: The court will look to the equity in the home, and what his share is. The court could liquidate the ...
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| BANKRUPTCY | 8/15/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: Last week I sent my papers to a lawyer and was told that I do not qualify for ch. 7 because me and ...
A: That's an impossible question to answer without having all the relevant data. There are two tests ...
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| BANKRUPTCY | 8/15/2008 | Leon D. Bayer, Esq. |
Q: Last week I sent my papers to a lawyer and was told that I do not qualify for ch. 7 because me and ...
A: I am very sorry that you have to go through financial problems, and then you wind up getting layed ...
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| bankruptcy and lawsuit | 8/15/2008 | Mark J. Markus- Bankruptcy Attorney |
Q: my husband and i will soon by filling bankruptcy. my question is slightly long. we met with our ...
A: It is unusual that they file lawsuits that quickly. I can't promise you anything one way or ...
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| Judgements that wheren't included in ch.7 | 8/14/2008 | Terry Leeders |
Q: We had filed chapter 7 and several judgements where not included before the discharge. All of these ...
A: If the case is open, you can just amend the schedules to add the debt, and send notice to them. If ...
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| Chapter 7 | 8/14/2008 | Terry Leeders |
Q: My husband and I will be filing chapter 7 bankrupcty in about a month. He has a CD that is in his ...
A: yes, he has 1/2 interest in the CD. Your state has exemptions to protect these type of assets, in ...
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| Chapt 13 | 8/13/2008 | Terry Leeders |
Q: A few months ago I paid an attorney 1600.00 to file a Chapter 13. I listed all my debts and also ...
A: You are only barred for 180 days if the court orders such, or if you voluntarily dismiss the case ...
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